United States of America v. 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada
| United States of America |
| 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada |
| Jessie James Cox, Lauriene Jane DeAngelo, Barbara Wheatley Flanagan, Mary Avis Sheahan Fuller, Lisa A. & William L. Hegwood, Heirs of Daniel R. Sheahan, Heirs of James D. Wheatley, Heirs of Jerome F. Sears, Jr., Heirs of Mary Joyce Wheatley Haven, Heirs of Mayme C. Brown, Heirs of Patricia Ann Wheatley, Heirs of Thomas J. (T.J.) Wheatley, Heirs of Thomas O. Sears (a.k.a. Tom O. Sears), Heirs of Winifred Wheatley, Ruth Ann Houx Loughridge, Barbara F. Manning, Other interested parties, Thomas H. Sears, Sr. Barbara S. Sheahan, Benjamin E. & Theresa Sheahan, Christina Francis Sheahan, Daniel R. Sheahan, Jr., Deborah Lynn Sheahan, John B. Sheahan, Joseph Richard Sheahan, Joseph R. & Michelle Sheahan, Martha Alice Sheahan, Martha A. & Ford Dixon III Sheahan, Michael James Sheahan, Michael W. Sheahan, Patrick Joseph Sheahan, Patrick J. & Rhonda Susan Fleming Sheahan, Sarah Jane Sheahan, Sheahan Family Trust, Alicia R. Sheahan-Hall, Christine Wheatley Tanis and Unknown Heirs of Timothy J. Sheahan |
| 2:2015cv01743 |
| September 10, 2015 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Miranda M. Du |
| Nancy J. Koppe |
| Condemnation |
| 40 U.S.C. ยง 258 (a) Public Buildings & Property: Land Condem |
| Defendant |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
693
ORDER. It is therefore ordered that these registry funds in the amount of $881.68, plus interest, are to be made payable to Aaron C. Bradley, as the decedent's trustee and surviving child. Signed by Chief Judge Miranda M. Du on 7/18/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing
673
ORDER - The government must serve a copy of this order on Amy Sears, along with a copy of the government's briefs on these issues (ECF Nos. 668 , 672 ). The government must also identify to Amy Sears the amount she may be entitled to recei ve if she does not disclaim her interest in the Property when it serves a copy of this order on her. If Amy Sears wishes to disclaim her interest in the Property, she must file a written disclaimer with the Court within 30 days of the date of en try of this order. The government must notify the Court in writing as soon as practicable if Amy Sears states to the government's counsel she no longer wishes to disclaim her interest in the Property before 30 days have elapsed. Signed by Chief Judge Miranda M. Du on 11/17/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
663
ORDERED that the Report of the Commission (ECF No. 656 ) is accepted and adopted in full. It is further ordered that just compensation for the taking of the Property is $1,100,000, plus another $104,000 for the mineral estate (a s separately agreed to by the parties), for a total of $1,204,000. The Clerk of Court is directed to issue a check in an amount corresponding to the funds still held by the Clerk of Court in this case to the Law Offices of Kermitt L. Waters (ECF Nos. 10 , 85 ). (Ad hoc email (NEF) to Finance on 8/27/2020.) It is further ordered that Plaintiff's motion to adopt in part and modify in part the Commissions Report (ECF No. 659 ) is granted in part, and denied in part, as e xplained in this order. It is further ordered that Landowners' objections to the Commissions Report (ECF No. 660 ) are overruled, and their request to modify the Report in part is denied. The Clerk of Court is directed to enter judgment in accordance with this order and close this case. Signed by Chief Judge Miranda M. Du on 8/27/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
656
COMMISSION'S FINDINGS OF FACTS AND CONCLUSIONS OF LAW. Signed by Land Commissioners Michael L. Douglas, Peggy A. Leen, and Philip M. Pro on 5/29/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
627
ORDER granting ECF No. 626 Stipulation to extend time to file proposed findings of fact, conclusions of law. Pursuant to the agreement of the parties, proposed findings of fact and conclusions of law are due by 2:00 PM on 4/16/2020. Signed by Chief Judge Miranda M. Du on 3/17/2020. (Copies have been distributed pursuant to the NEF - PAV)
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Filing
620
ORDER granting 619 Stipulation Regarding Certain Exhibits in Evidence. Please see the order for specifics. Signed by Chief Judge Miranda M. Du on 2/24/2020. (Copies have been distributed pursuant to the NEF - PAV)
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Filing
584
ORDER granting 582 Stipulation regarding certain trial exhibits. Signed by Chief Judge Miranda M. Du on 1/30/2020. (Copies have been distributed pursuant to the NEF - PAV)
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Filing
575
ORDER approving ECF No. 573 Stipulation regarding trial procedures. The Court's minute order (ECF No. 572 is amended as detailed in the attached order. The deadline for the filing of trial briefs is vacated. See document for additional specifics. Signed by Chief Judge Miranda M. Du on 1/24/2020. (Copies have been distributed pursuant to the NEF - PAV)
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Filing
569
ORDERED that the United States' motion in limine (ECF No. 541 ) is denied, except to the limited extent it is granted as specified herein. It is further ordered that the Landowners' motion for leave to provide an offer of proof on the Qualtrics 1 and 2 surveys (ECF No. 545 ) is denied. Signed by Chief Judge Miranda M. Du on 1/8/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
550
ORDER granting ECF No. 548 Stipulation : Response to ECF No. 545 Motion due by 12/6/2019. Reply due by 12/20/2019. Signed by Chief Judge Miranda M. Du on 11/21/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
544
ORDER re attached disclosure statements : The Clerk of Court is directed to provide a copy of this order to the Land Commissioners by email: (1) The Honorable Philip M. Pro; (2) The Honorable Peggy A. Leen; and (3) The Honorable Justice Michael L. Douglas. (Specified emails sent 11/13/2019.) Signed by Chief Judge Miranda M. Du on 11/12/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
542
ORDER granting ECF No. 540 Stipulation Regarding In Limine Issues. Signed by Chief Judge Miranda M. Du on 11/5/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
539
ORDER Re: 520 Notice requiring security checks. The parties are ordered to provide the information requested in the notice (ECF No. 520 ), following the process outlined in the Notice, as soon as possible. It ordered that the parties m ust confer and submit a joint, written plan regarding the site visit that reflects the parties' agreement regarding any disputed procedures within 30 days of the date of entry of this order. The Clerk of Court is directed to send both a copy of this order and another copy of the notice (ECF No. 520 ) to the Land Commissioners by email. The Court further directs the Land Commissioners to provide the information requested in the notice, following the process outlined in the notice as soon as practicable. Signed by Chief Judge Miranda M. Du on 10/29/2019. (Copies have been distributed pursuant to the NEF and to Land Commissioners Hon. Philip M. Pro, Hon. Peggy A. Leen and Honorable Justice Michael L. Douglas - PAV)
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Filing
523
ORDERED that the government will bear 75% of the costs of the land-use Commission and Landowners will bear 25% of the costs of the Commission. Signed by Chief Judge Miranda M. Du on 9/26/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
522
ORDER that the Court will direct that a copy of this Order, the scheduling order (ECF No. 506 ), and the Government's Notice of Requirement of Background Checks Prior to Site Visit (ECF No. 520 ) be provided to the Commissioners. Signed by Chief Judge Miranda M. Du on 9/25/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
515
ORDERED that the parties' objections related to the prospective land commissioners are due by 9/24/2019. Signed by Chief Judge Miranda M. Du on 9/17/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
512
ORDER GRANTING ECF No. 507 Unopposed Motion to Reschedule Settlement Conference : The settlement conference is continued to 9:30 a.m. on October 28, 2019. Settlement conference statements shall be submitted not later than 3:00 p.m. on October 21, 2019. All other requirements outlined in the Court's order at Docket No. 503 remain in effect. Signed by Magistrate Judge Nancy J. Koppe on 9/16/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
506
ORDER approving Joint Proposed Scheduling order (ECF No. 505 . Motions in limine due by 11/1/2019; responses due 11/15/2019; replies due 11/22/2019. Pretrial disclosures to be shared between the parties by 11/20/2019. The Proposed Joint Pretrial Order is due by 12/18/2019. Submission of Proposed Order re: proposed site visit instructions/script and proposed Commissioner instructions, including any objections are due by 1/31/2020. The Bench Trial will begin on 2/7/2020 at 10:00 AM in a Las Vegas Courtroom to be determined before Chief Judge Miranda M. Du. See order for additional details. Signed by Chief Judge Miranda M. Du on 9/12/2019. (Copies have been distributed pursuant to the NEF - PAV)
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Filing
503
ORDER Scheduling a Settlement Conference for 10/15/2019 at 9:30 AM in LV Chambers - fourth floor before Magistrate Judge Nancy J. Koppe. The settlement conference statements shall be submitted, in an envelope marked"Confidential," directly to the undersigned's box in the Clerk's Office not later than 3:00 PM on 10/8/2019. DO NOT SERVE A COPY ON OPPOSING COUNSEL. Signed by Magistrate Judge Nancy J. Koppe on 9/10/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
497
ORDER denying ECF Nos. 385 , 390 , 398 and 399 Landowners' motions; granting in part and denying in part ECF No. 400 Landowners' motion; granting ECF Nos. 402 and 404 government's motions; denying as moot ECF Nos. 386 , 391 Landowners' motions; denying as moot ECF No. 403 government's motion; denying ECF Nos. 395 , 396 , 397 Landowners' motions; granting ECF Nos. 401 , 406 , 407 , and 408 government's motions; and denying ECF No. 409 government's motion. See order pdf for further details. Signed by Judge Miranda M. Du on 8/29/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
371
ORDER that DENIES ECF Nos. 358 Plaintiff's motion to strike and 364 Sheahan Landowners' counter-motion to strike; and EXTENDS the discovery cut-off to 9/14/2018, for the limited purpose of allowing Plaintiff to either depose Mr. DiFederico or disclose a rebuttal expert report. NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Magistrate Judge Nancy J. Koppe on 8/27/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
359
ORDER re Plaintiff's motion to strike Defendant Sheahan Landowners' supplemental expert report, filed on an emergency basis (ECF No. 358 ). Response due by 8/20/2018. Reply due by 8/21/2018. Signed by Magistrate Judge Nancy J. Koppe on 8/16/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
353
ORDER granting ECF No. 352 Motion to add interested party Amy E. Sears. The United States shall serve notice to the new party pursuant to Rule 71.1(d)(3). Signed by Judge Miranda M. Du on 7/18/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
332
ORDER granting ECF No. 331 Motion to Admit Government Attorney Mark C. Elmer. Signed by Judge Miranda M. Du on 1/23/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing
319
ORDER denying without prejudice ECF No. 317 Motion to Extend Deadlines. any renewed joint motion shall be filed no later than 1/2/2018. Signed by Magistrate Judge Nancy J. Koppe on 12/26/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
303
ORDER re ECF Nos. 300 , 301 and 302 mail returned as undeliverable to Melanie Goodpasture. Ms. Goodpasture is hereby ORDERED to file a written notice of change of address by 12/15/2017. Signed by Magistrate Judge Nancy J. Koppe on 11/30/2017. (Copies have been distributed pursuant to the NEF - LH)
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Filing
295
ORDER that Mr. and Mrs. Sheahan are hereby ORDERED to file a written notice of change of address by 11/28/2017. Signed by Magistrate Judge Nancy J. Koppe on 11/22/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
276
ORDERED that Landowner's motion for reconsideration (ECF No. 205 ) is denied. Signed by Judge Miranda M. Du on 11/9/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
246
ORDER that the United States' motions to exclude the mineral resource estimate opinion of NGL ECF No. 130 , survey data ECF No. 133 , the expert opinion of Cameron Steinagel ECF No. 134 , and the expert opinion of Terrence Clauretie ECF No. 135 are denied. Signed by Judge Miranda M. Du on 10/24/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
241
ORDER - The United States' motion to exclude evidence relating to the cause of the mill building fire (ECF No. 128 ) is granted. It is further ordered that the United States' motion to exclude consideration of value to the government (E CF No. 129 ) is granted in part and denied in part. It is granted with respect to Clauretie III and denied with respect to Clarion II and DiFederico. It is further ordered that Defendants' motion to preserve issues for the jury (ECF No. 132 ) is denied. Signed by Judge Miranda M. Du on 9/29/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
239
ORDER re ECF No. 238 Mail Returned addressed to attorney Stanley Pedder : Counsel is hereby ORDERED to file a written notice of change of address by October 10, 2017. Signed by Magistrate Judge Nancy J. Koppe on 9/26/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
225
ORDER granting ECF No. 213 Motion to Add Interested Parties. Signed by Magistrate Judge Nancy J. Koppe on 5/3/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing
191
ORDER that the Sheahan Landowners motion to compel ECF No. 131 is hereby DENIED. IT IS SO ORDERED. Signed by Magistrate Judge Nancy J. Koppe on 03/10/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
125
ORDER granting ECF No. 119 Motion and directing the filing of all motions re threshold discovery issues by 1/10/2017; staying the remaining discovery deadlines pending order resolving motions. Joint Proposed Discovery Plan due within 7 days of resolution of motions. Signed by Magistrate Judge Nancy J. Koppe on 12/29/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
111
ORDER DETERMINING LEGAL VALIDITY OF TAKING AND STRIKING IMPROPER DEFENSES re ECF No. 110 Proposed Order, granting ECF No. 54 Motion for Summary Judgment on the United States' Authority to Condemn; granting ECF No. 54 Motion to Strike with respect to the affirmative defenses raised in ECF No. 53 Answer; denying ECF No. 54 Motion to Strike with respect to remaining matters. Signed by Judge Miranda M. Du on 10/4/2016. (Copies have been distributed pursuant to the NEF - KR) Modified on 10/5/2016 to clarify (KR).
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Filing
96
ORDER Granting 94 Stipulation to Enter Confidentiality and Protective Order and Confidentiality and Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 04/27/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Filing
91
ORDER Granting 89 Motion to Admit Government Attorney, Johanna Franzen, to Practice in the District of Nevada for Duration of Attorney's Government Employment. Signed by Judge Miranda M. Du on 03/25/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Filing
85
ORDER. The Clerk of Court shall issue a check in the amount of $1,020,000.00 made payable to the Law Offices of Kermitt L. Waters and that the same shall be released to the Law Offices of Kermitt L. Waters, forthwith. (See order for additional details.) Signed by Judge Miranda M. Du on 3/9/16. (Copies have been distributed pursuant to the NEF - PS)
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Filing
83
ORDER Granting Plaintiff's Motion for Order of Immediate Possession. All Defendants to this action and all persons in possession or control of the property described in the Complaint filed herein shall surrender possession of said property to the extent of the estate being condemned to the Plaintiff immediately. A notice of this Order shall be served upon all persons in possession or control of the said property forthwith. Signed by Judge Miranda M. Du on 3/7/16. (Copies have been distributed pursuant to the NEF - PS)
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Filing
67
ORDER Denying without prejudice 64 Proposed Discovery Plan/Scheduling Order. The parties shall refile a joint discovery plan, no later than 1/11/16, and, to the extent they agree to request to bifurcate the trial, shall refile that stipulation separately. Signed by Magistrate Judge Nancy J. Koppe on 1/5/16. (Copies have been distributed pursuant to the NEF - PS)
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Filing
58
ORDER DENYING without prejudice 57 Proposed Discovery Plan/Scheduling Order. The parties shall file a joint discovery plan, no later than 1/4/16, with the signature of Ms. Tanis' counsel. Signed by Magistrate Judge Nancy J. Koppe on 12/22/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
56
ORDER Granting 55 Motion to Admit Government Attorney to Practice in the District of Nevada for Duration of Attorney's Government Employment. Signed by Judge Miranda M. Du on 12/17/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
14
ORDER Granting 11 Ex Parte Motion for Order of Immediate Possession. Signed by Judge Miranda M. Du on 9/16/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing
9
ORDER Granting 4 Motion for Order for Clerk to Deposit Funds. Signed by Judge Miranda M. Du on 9/14/15. (Copies have been distributed pursuant to the NEF - PS)
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